News & Analysis as of September 24, 2024

NLRB General Counsel

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

NLRB Continues Assault on Noncompete Agreements

Parker Poe Adams & Bernstein LLP on 3/8/2024

As we have previously covered in EmployNews, in June 2023, the general counsel for the National Labor Relations Board (NLRB) released a memo arguing that most noncompete agreements violate Section 7 of the National Labor...more

Noncompetes Are in the NLRB’s Crosshairs – Can Trade Secret Protections Save Them?

Bradley Arant Boult Cummings LLP on 6/15/2023

Can you still have noncompete agreements with your employees? What if you explicitly state that the agreement protects trade secrets or other proprietary information? There has been a lot of buzz about this issue, and...more

The General Counsel for the National Labor Relations Board (“NLRB”), Jennifer Abruzzo, has recently issued two memorandums...

Dorsey & Whitney LLP on 6/5/2023

Abruzzo has been busy. Within the last few months, she has issued two notable memorandums that could have significant impacts on how employers must comply with the National Labor Relations Act (“NLRA”). It is important to...more

NLRB’s General Counsel (Once Again) Limits Employment Agreements

Benesch on 6/5/2023

In a recent memorandum to all Regional Directors, Officers-in-Charge, and Resident Officers, the National Labor Relations Board’s (“NLRB”) General Counsel, Jennifer Abruzzo, sets forth her view that the proffer, maintenance,...more

Non-Competes with Rank and File Employees Targeted by NLRB

Genova Burns LLC on 6/2/2023

Challenges to non-competes by the federal government continue unabated under the Biden Administration. In the latest effort by the federal government to curtail the use of non-competes, which are traditionally governed by...more

McLaren Macomb Follow-up: NLRB General Counsel Issues Guidance for Confidentiality and Non-Disparagement Clauses in Severance...

Venable LLP on 4/19/2023

Two months ago, the National Labor Relations Board (the Board) changed the rules for confidentiality and non-disparagement clauses in severance agreements. In McLaren Macomb, 372 NLRB No. 58 (2023), which we previously wrote...more

Employment Handbooks and Confidentiality

Snell & Wilmer on 4/30/2019

Employers frequently ask if they can maintain rules requiring employees to keep the contents of their employment handbooks confidential. In a recent memorandum, the General Counsel (GC) (Division of Advice) of the National...more

NLRB Handbook Rules Change Like the Wind Post-Boeing

Vedder Price on 7/10/2018

On June 6, 2018, the Office of the General Counsel of the National Labor Relations Board (“the NLRB” or “the Board”) published its most recent memo concerning employer handbook policies. The memo’s guidance reflects a stark...more

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